How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Madam , I am writing to you advice ,

Customer Question

Dear Sir / madam ,
I am writing to you for legal advice , : here are the facts :
I recently had a gift of money from my parents following the sale of the family's second home. payments were made over several weeks two two of my sisters at 40 k each by cheque, and 100 k to my Brother, by cheque., following a previous gift to him of roughly the same amount. The reamaining 157 odd thousand pounds pounds was consensually left to me , which I took for convenience by internet transfer from my father's account at the Halifax. The events that transpired were thus : My other sister, initially rejected a gift of £ 40 k , whereupon I was given consent to take the remaining sum, for which I have evidence. 3 weeks later, she changed her mind and decided she wanted the gift, it followed that my parents also changed their mind and requested the gift to me be returned. I declined, and then with some coercion from my brother, my parents made a complaint to the bank alleging funds had been taken without consent . My bank account was then closed , simply as a result of the allegation that I had taken the money without consent, and the funds are now being held by the bank , during a phone call yesterday ( 12/10) at roughly 7 pm , I was unable to ascertain from the bank's representative exactly what happened to the funds, they have insisted I produce ID and either evidence of a positive police investigation in my favour or produce my parents at the bank , to verify that I had consent. please note , that my parents are illiterate and do not speak much English. They have said to me that they would be prepared to verify the consent , should a policeman call, but I have heard nothing from the police.
My bank account has been closed , internet and phone banking as well, and the bank is refusing to give me information about the whereabouts of the funds.
Another issue is that my brother has been very threatening and pestering by coming here where he does not live .
Please advise.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did you tell the bank you were going to get these funds?
Customer: replied 1 year ago.
No , i have always done administration for my parents since I was young and the need never occurred to me. Besides, my brother has also had a large sum of money , and he didnt inform the bank , neither did anyone else.
Expert:  Ash replied 1 year ago.
You should have really informed the bank, because of money laundering they need to know about such transactions.
However you need to formally write to the bank and make a written formal complaint. They will investigate the matter and report back to you. if that does not work then you can go to the Financial Ombudsman. They will investigate the matter and consider your complaint for free - their website is: www.financial-ombudsman.org.uk
If that does not work you need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
How long can the bank withold funds , without proving fraud ? I did say in my note how much money we are talking about.
Expert:  Ash replied 1 year ago.
Yes indeed. They can hold it until satisfied as to the source of funds.
Alex
Customer: replied 1 year ago.
They know the source of the funds,- they are alleging I did not have consent , but I can prove I did.
Expert:  Ash replied 1 year ago.
Ok - but you need to go via the bank and Ombudsman or get a Court order sadly.
Alex
Customer: replied 1 year ago.
Yes , but how long can they withhold it for , on those grounds, without proving fraud , they know the source ?
Expert:  Ash replied 1 year ago.
They MUST give you a reason. If they dont you go to Court or the Ombudsman.
You can get an injunction to make them release it.
Alex
Customer: replied 1 year ago.
If we are unable to resolve this , is there a period of time after which they will release the funds back to my parents account ?
Expert:  Ash replied 1 year ago.
There is no law on how long they can keep hold of it. That is why you need a Court order or the Ombudsman to intervene.
Alex
Customer: replied 1 year ago.
That there is no law on how long they can keep hold of it strikes me as slightly mad - are you sure ?
Expert:  Ash replied 1 year ago.
I am sure yes.
That is why you need a Court order for Ombudsman.
Does that clarify?
Alex
Customer: replied 1 year ago.
You didn't say anything about the police's duty to investigate , surely they must have a duty of care ?
Expert:  Ash replied 1 year ago.
Case law shows the Police do NOT have a duty of care. Otherwise they would be sued all the time if things happened.
Do the Police owe you a duty - no they do not.
I am sorry - but I have a duty to be honest.
Alex
Customer: replied 1 year ago.
Yes but they don't just decide as they please, whether or not they are going to do their job today , they are responsible people, paid to do what it would be impractical for us all to do ourselves. So you are telling me that they pick and choose when it takes their fancy , when to investigate ?
Expert:  Ash replied 1 year ago.
You can NOT force the Police to investigate.
If the Bank does NOT investigate then you go to the Ombudsman OR Court.
These are your legal options. I have outlined the procedure and how to do it.
Alex
Customer: replied 1 year ago.
If you don't mind my saying, that is in my opinion , a poor answer, as we all know, that there are bodies which regulate the police, indeed, there would have to be, because without them, the rule of law would swiftly degenerate to anarchy, would it not ?
Expert:  Ash replied 1 year ago.
I agree. But the Police do not OWE you a duty - case law says that.
This is a mater for the Ombudsman to look at. But you need to get a final response from the bank before the Ombudsman will investigate.
Or you can get a Court order to make the bank release it, as we have discussed above.
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice